Landlords Must Return Deposit If Tenant Finds Rental Uninhabitable

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Oregon Gov. Tina Kotek has signed a bill that requires landlords to return deposits if tenants who haven’t yet signed a lease find the home to be defective.

Oregon Gov. Tina Kotek has signed a bill that requires landlords to return deposits if rental applicants who haven’t yet signed a lease find the home they’ve applied to is defective.

House Bill 3521 would let Oregon renters get their deposits back if the home they’ve applied to has mold, unsafe electrical wiring or other defects making it uninhabitable. The bill passed the Oregon House in a 33-18 vote and passed the Oregon Senate in a 20-8 vote, according to the Oregon Capital Chronicle.

Under the bill, landlords would have five days to return deposits or face a fee equivalent to the deposit they charged or more. Landlords would not face penalties if natural disasters or emergencies keep them from complying, and they could still choose to return deposits at their place of business rather than through mail.

Rep. Annessa Hartman, D-Gladstone, spearheaded the bill after hearing from renters across Oregon who lost hundreds, sometimes thousands, of dollars to hold deposits for homes they couldn’t move into because of mold, broken plumbing or pest infestations.

Renters in Oregon represent 51% of all low-income households, according to Oregon Housing and Community Services. And nearly 37% of all Oregonians rent their homes, according to the U.S. Census. That’s higher than the national average, and renters are in the majority in cities including Eugene, Corvallis, Monmouth, Beaverton and Seaside.

“Landlords can still enter into whole-deposit agreements, collect deposits, and keep them when applicants back out without a good reason,” said Senate sponsor Deb Patterson, D-Salem, on the floor. “That doesn’t change. What does change is that applicants will have the right to walk away if the unit is substantially uninhabitable.”

Read the full bill here.

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